Was Elena Kagan involved in the healthcare reform law defense before she bacame a Supreme Court jusitce?

  The push is already on by the left to pressure Supreme Court Justice Clarence Thomas to recuse himself from the healthcare reform case once it makes its way to the Supreme Court and I do believe that there is the very real chance that he may in fact recuse himself from the case. Justice Thomas’s wife–Virginia–began a lobbying group which opposed the healthcare reform law and may have profited from this group. This means that Clarence Thomas also would have profited from his wife’s activities and if this is indeed the case than he is bound by ethical and moral standards to recuse himself from the healthcare reform case.

  But while the left remains adamant that Justice Thomas must recuse himself from this case because of the actions of his spouse–not his own–they remain silent on another possible conflict of interest with a Supreme Court justice who may have in fact counseled Barack Obama on the healthcare reform law, and actually helped to set up his defense team for the healthcare reform law challenge–and that justice is Elena Kagan.

  Elena Kagan served in the Obama regime’s cabinet as Solicitor General and among her duties as Solicitor General was to defend the Obama regime’s positions in federal court. After she assigned her top deputy to handle the healthcare reform challenges she remained active in the regime and did not relinquish her duties as Solicitor General for another four months. While she claims that she never advised Barack Obama on the healthcare reform law, are we really supposed to believe that as she set up the defense team for this law that she never once gave her position on this issue?

  Here is more on this issue:

On Jan. 8, 2010, Brian Hauck, senior counsel to Associate Attorney General Tom Perrelli, emailed Neal Katyal, principal deputy solicitor general, to tell him that Perrelli wanted “to put together a group to get thinking about how to defend against the inevitable challenges to the health care proposals that are pending.”  On receiving that email, Katyal immediately emailed back to Hauck, saying: “Absolutely right on. Let’s crush them. I’ll speak to [Solicitor General] Elena [Kagan] and designate someone.”

Katyal, who was Kagan’s top subordinate, then forwarded Hauck’s email to Kagan and said, “I am happy to do this if you are ok with it.” He also offered his colleague Deputy Solicitor General Ed Kneedler as a possible candidate for handling the health-care issue, or the two of them together.

Kagan instantly assigned Katyal. “You should do it,” she said by return email.

That email exchange took place at about 11:00 am on a workday. About two hours later, shortly after 1:00 pm, Katyal emailed again to Hauck in the associate attorney general’s office ostensibly to inform him of his boss, Elena Kagan’s, determinations.

“Brian,” Katyal wrote, “Elena would definitely like OSG to be involved in this set of issues. I will handle this myself, along with an Assistant from my office [name redacted] and will bring in Elena as needed.”

  It is unimaginable and requires the “willing suspension of disbelief” (to use Hillary Clinton’s words to berate General Petraeus on the floor of the Congress) to actually believe that Elena Kagan was active in the Obama regime, helped to set up his defense of the healthcare reform law, and never once made her feelings known on this issue. It is totally unbelievable that Elena Kagan could set up the legal defense of Obamacare and not believe the healthcare law was constitutional and expect her appointee to hold the same position that she held. Elana Kagan appointed Neal Katyal knowing full well that he held her positions as his own in regards to healthcare reform and it seems highly unlikely to me that she never once spoke about this issue, or how to defend it, while she was his superior.

  Of course, we may never know for sure because the administration is fighting a FOIA request which could shed more light on what role Elena Kagan actually played leading up to the signing of Obamacare and beyond.